Digambar S/O Krishnarao Deshmukh v. Learned 3rd Jt. Civil Judge Sr.Dn., Akola And Others

WP2937-14 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2937/2014 (DIGAMBAR KRISHNARAO DESHMUKH VERSUS LEARNED 3RD JT.C.J.(SR.DN.), AKOLA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Sarda, counsel for the petitioner.

Shri A.R. Deshpande, counsel for the R-2 to 4. Shri A.L. Deshpande, counsel for the R-5.

CORAM : SMT. VASANTI A. NAIK AND A.M. BADAR, JJ.

DATE : APRIL 1 , 2015.

Considering the facts of the case, the prayers made in the plaint and also the fact that Writ Petition No.5931 of 2014 is pending in the High Court in which an interlocutory order passed in the civil suit is challenged, the prayer made by the petitioner cannot be granted. It also appears from the report of the learned Judge of the trial Court that the delay is not caused due to the Court and is caused due to the filing of various applications by the parties. In any case, considering the relief claimed in the suit, we are not inclined to give a specific direction to the trial Court to decide the suit within a time frame. The trial Court should, however, decide the same as early as possible in the normal course of proceedings.

The writ petition stands disposed of. No costs. JUDGE JUDGE APTE